541206-1905-Tramway-Bill — Page 27

THE HONGKONG GOVERNMENT GAZETTE, 22ND SEPTEMBER, 1905.

fying the amount due and the expenses of the distress and

sale, shall be returned on demand to the party whose goods

shall have been distrained.

[115] [119.] The Magistrate by whom any such penalty or for- Application feiture shall be imposed may, where the application thereof of penalties.

is not otherwise provided for, award one moiety thereof to

the use of His Majesty, His Heirs and Successors for the

public uses of the Colony and the other moiety to the in- former or party prosecuting or complaining.

want of

[116.] [120.] No distress levied by virtue of this Ordinance shall Distress not

be deemed unlawful, nor shall any party making the same unlawful for be deemed a trespasser, on account of any defect or want form. of form in the summons, conviction, warrant of distress or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action or suit upon the case.

within six

[117.] [121.] No person shall be liable to the payment of any Fare, &c. to fare, charge, penalty or forfeiture imposed by virtue of this be sued for Ordinance for any offence made cognizable before A months. Magistrate unless the complaint respecting such offence shall have been made before such Magistrate within six months next after the commission of such offence.

[118.] [122.] It shall be lawful for any Magistrate to summon Power to

any person to appear before him or any other Magistrate summon as a witness in any matter in which a Magistrate shall witnesses. have jurisdiction under the provisions of this Ordinance, at a time and place mentioned in such summons, and to ad- minister to him an oath to testify the truth in such matter, and if any person so summoned shall, without reasonable excuse, refuse or neglect to appear at the time and place appointed for that purpose, having been paid or tendered a reasonable sum for bis expenses, or if any person appearing sball refuse to be examined upon oath or to give evidence before such Magistrate, every such person shall forfeit a sum not exceeding fifty dollars for every such offence.

sible for all

[119.] [123.] The Promoter shall be answerable for all accidents, Promoter to

damages and injuries happening through his act or be respon- default, or through the act or default of any person in damage [or] his employment, [] by reason or in consequence of any of through

his works or cars, and shall save harmless all Depart- his act or ments, Companies, bodies and persons collectively and indi- default. vidually and their officers and servants from all damages and costs in respect of such accidents damages and injuries. [120] [124.] The Magistrate before whom any person shall be Form of con-

convicted of any offence against this Ordinance may cause the conviction to be drawn up according to the form in Schedule C to this Ordinance.

viction.

want of form.

[121.] [125.] No proceeding before a Magistrate in pursuance of Proceedings

this Ordinance shall be quashed or vacated for want of not to be form or removed by certiorari or otherwise into the Court, quashed for [122.] [126.] If any party shall feel aggrieved by any deter- mination or adjudication of any Magistrate with respect to auy fare, charge, penalty or forfeiture under the provisions of this Ordinance, such party may appeal under the provisions of and in manner provided by any Ordinance for the time being in force relating to appeals from a Magistrate.

[123.] [127] The Promoter shall be answerable for all accidents, Promoter to

damages and injuries happening through his act or be respon- default or through the act or default of any person in sible for all

damage. his employment, by reason or in consequence of any of his works or cars, and shall save harmless all Depart- ments, Companies, bodies and persons collectively and indi- vidually and their officers and servants from all damages and costs in respect of such accidents damages and injuries. [124] [128.] The powers and privileges given by this Ordinance Appeal. are so given saving and reserving always the right of His Majesty, His Heirs and Successors and of all bodies politic and corporate and of all other persons and those claiming by from or under him or them, except as is herein other- wise provided.

Schedule A. (Section 43.)

CHARGES FOR SMALL ANIMALS, GOODS, &c.

Small Animals.

For every dog or other small animal, per head,

Per mile.

....10 cents.

1437